Joint Tenancy and Tenancy in Common¶
UK property held by two or more people can be owned in two distinct legal ways. The distinction is invisible most of the time but becomes decisive on the death of one owner — the difference between a property passing automatically to the survivor and a property whose share goes through probate. [source: gov-uk/joint-property-ownership-2026-04-30.html]
Joint tenancy (also called "beneficial joint tenancy") treats co-owners as a single legal owner. Each joint tenant owns the whole property; there are no defined shares. On the death of one joint tenant, the deceased's interest passes automatically to the surviving joint tenants by right of survivorship (jus accrescendi). The transfer happens outside the will, outside intestacy, and outside probate — the survivor simply applies to HM Land Registry to update the title with a copy of the death certificate. The deceased's will has no effect on the property in this scenario; the right of survivorship overrides any contrary instruction. [source: gov-uk/joint-property-ownership-2026-04-30.html]
Tenancy in common treats each co-owner as the owner of a defined share — typically 50/50, but it can be any proportion. Each share is the owner's separate property and forms part of their estate on death. The deceased's share passes under the will, or, if there is no will, under intestacy. The surviving co-owner does not automatically inherit the deceased's share. [source: gov-uk/joint-property-ownership-2026-04-30.html]
The default for spouses and civil partners buying property together has historically been joint tenancy; the default for unmarried couples, business partners, friends buying together, and unequal-contribution arrangements is more often tenancy in common. The actual position is recorded on the title at HM Land Registry; co-owners can check their own title for £3 per copy at gov.uk/get-information-about-property-and-land. The relevant entry is Form A restriction on the proprietorship register — its presence indicates tenancy in common, its absence indicates joint tenancy. [source: gov-uk/joint-property-ownership-2026-04-30.html]
A joint tenancy can be converted to a tenancy in common during the lifetime of the co-owners by a process called severance — either by mutual agreement or by unilateral written notice from one co-owner to the other. Severance is sometimes used as a planning step where the co-owners want their respective shares to pass under their wills rather than to each other.
Scotland uses different terminology — "joint ownership with a survivorship destination" is broadly equivalent to joint tenancy, and "common property" is broadly equivalent to tenancy in common. The legal effect is the same: the survivorship destination passes property automatically; common property passes through the deceased's Confirmation.
Last verified: 30 April 2026 against gov.uk/joint-property-ownership.